Sh Madanlal Gupta And ORS v. The State (NCT Of Delhi) And ANR
$~73 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 8227/2024 and CRL.M.A. 31463/2024 SH MADANLAL GUPTA AND ORS .....Petitioners Through:
Mr. Vineet Aggarwal, Mr. Suresh Chand Aggarwal, Mr. Kunal, Mr.
Jatin Kumar & Ms. Bhavya, Advocates.
versus THE STATE (NCT OF DELHI) AND ANR .....Respondents Through:
Mr. Sanjeev Sabharwal, APP for the State with Ms.
Sanya Narula, Advocate with SI Meena, P.S.: Model Town.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 23.10.2024 CRL.M.A. 31464/2024 Exemption granted, subject to just exceptions. The application stands disposed-of.
Crl. M.C. 8227/2024 By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners seek quashing of case FIR No.379/2023 dated 22.05.2023 registered under sections 323/354-A/341/509/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Model Town, North-West Delhi. Consequent upon completion of investigation, charge-sheet dated 15.12.2023 has been filed in the matter.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
2.
The petition is premised on Compromise/Settlement Deed dated 22.09.2024, attested on 27.09.2024, whereby the petitioners and respondent No.2 have resolved the matter amicably. 3.
The petition is also supported by affidavits of the petitioners and of respondent No.2.
4.
The contesting parties have joined the proceedings via videoconferencing. Their credentials have been verified and they have also been identified by their respective counsel.
5.
The court has interacted with the respondent No.2, as also with petitioners, who have confirmed that they have now resolved the matter and a Compromise/Settlement Deed dated 22.09.2024 has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.
6.
Mr. Sanjeev Sabharwal, learned APP confirms that the State has no objection to the subject FIR being quashed.
7.
In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. 8.
Accordingly, case FIR No.379/2023 dated 22.05.2023 registered under sections 323/354-A/341/509/34 of the IPC at P.S.: Model The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Town, North-West Delhi is quashed.
All proceedings arising therefrom also stand closed.
9.
Learned counsel for the parties have also informed the court that a cross-FIR bearing No.380/2023 lodged by the petitioners against respondent No.2 has been quashed by a Co-ordinate Bench of this court vide order dated 23.10.2024 in CRL.M.C. No.8390/2024. The submission is noted.
10.
Petition stands disposed-of.
11.
Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J OCTOBER 23, 2024 ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.